if an individual sponsored a family member whose PR is refused one has the right to plea that reverts to the immigration appeal division of IRB. this is called sponsorship appeal.
The appeal hearing is held at the IRB and is carried out by an IAD member who is a highly trained and qualified official of the IRB. A person has 30 days from the date of rejection to file an appeal with the IAD.
Who can appeal?
An individual who is a PR holder or Canadian citizen who wants to sponsor a family member whose visa is rejected by IRCC.
Who can’t appeal?
The sponsor may not appeal if the person they sponsored was found inadmissible in Canada because of:
- a serious criminal offense that is punishable in Canada by imprisonment of not less than 6 months.
- the application was denied due to involvement in organized crime security reasons
- an application that was denied to violation of human or international rights
- misrepresentation, with the exception of the spouse, a common-law- partner, conjugal partner, or child.
Which type of hearing:
IAD decides whether the appeal is referred to the alternative dispute resolution (ADR) or IRB administrative tribunal process.
What is an ADR and Administrative tribunal process?
The goal of ADR is to deal with simple cases with no need for a full-fledged hearing. The ADR also aids parties to resist going for a hearing when they can both coordinate on the decision.
Moreover, the approach in an ADR process is more informal, less hostile, and more unanimous than that of the static IRB tribunal process. it usually a private hearing and it normally involves an in-person ADR conference. The appellant and the appellant’s counsel together with the minister’s counsel sit and discuss the case with the help of the dispute resolution officer (DRO).
Whereas, the ATP process is similar to the one involved in a court but less formal than it. It is based on Canadian law specifically the immigration refugee and protection act. And is dedicated to ensuring reasoned, efficient and fair decisions it involves more people than ADR.
After the hearing:
If the verdict is positive the rejected PR sponsor will be granted. as IRCC follows IRB decision basis which they resume processing the application. IRCC may, however, refuse your application due to varied reasons that will be appealed to you by IAD.
The minister may also face this decision and apply to the federal court of Canada for a judicial review of the IRB decision. this is known as applying for leave, permission from the court for judicial review. The federal court will then either dismiss the application for judicial review or return the case to IAD or called re-hearing in terms.
